You have chosen a name, designed a logo, secured a domain name, and maybe started building your website. Everything is finally coming together.
But before you invest more time and money into your brand, you might want to conduct a trademark search. Unfortunately, skipping this step can lead to legal problems, forced rebranding, and frustration down the road.
Here is how to do a trademark search before you launch your business and why you shouldn’t skip it.
A Trademark Search Is Important
Many business owners think that if a domain name is available or a business name can be registered with the state, they can use it. Unfortunately, that is not the case.
Business registration and trademark rights are two separate things.
A trademark search identifies whether another company has rights to a similar name or mark. When you search before the launch, that can help you avoid:
- Trademark infringement claims
- Cease-and-desist letters
- Lawsuits
- Forced rebranding efforts
- Customer confusion
You don’t want to spend thousands of dollars on signs, business cards, marketing materials, and a website only to receive a letter demanding that you stop using your company name. A trademark search can reduce that risk.
Start with a Basic Internet Search
You can look for your proposed business name online using several search engines. Make sure to search beyond the first page of results and pay attention to businesses operating in similar industries.
You might also search social media platforms, online directories, and business listings.
While this will not provide a full picture of potential trademark conflicts, it can help identify obvious issues before you take the next step.
Search the USPTO Trademark Database
The next step is searching the federal trademark database. It is maintained by the United States Patent and Trademark Office (USPTO). The database contains registered trademarks along with pending trademark applications.
You don’t just look for exact matches. Similar names, alternate spellings, phonetic equivalents, and related terms may also create legal concerns.
Trademark conflicts happen because names sound alike or create similar commercial impressions.
Look Beyond Federal Registrations
Remember that not all trademark rights are federally registered. Businesses can have “common law” trademark rights by using a name in commerce. That means a company may have enforceable rights even if it has never filed a federal trademark application.
You may want to review:
- State trademark registrations
- Business entity records
- Industry directories
- Trade publications
- Social media accounts
- Local business listings
Consider the Industry and Geographic Market
Trademark rights depend on the types of goods and services being offered. For example, two businesses may be able to use similar names if they operate in completely different industries and there is little chance consumers would confuse them.
However, if both companies offer similar services to similar customers, the risk of conflict increases.
A trademark search should evaluate not only the name itself but also how the name is being used in the marketplace.
When to Talk to a Trademark Lawyer
While business owners can perform preliminary searches on their own, trademark law can be more complicated.
A name that looks available may still create concerns based on similarities in sound, appearance, meaning, or industry use.
An experienced trademark lawyer can conduct a more comprehensive search. They can analyze potential risks and help determine whether your desired name is likely to face challenges.
They can also assist with trademark registration if you decide to seek federal protection for your brand.
Protect Your Brand Before Problems Happen
Launching a business requires countless decisions. It is easy to focus on the visible aspects of building a brand. However, one of the smartest investments you can make is doing a trademark search before you launch your business.
A little research now can help protect everything you’re working so hard to build. At Phillips & Bathke, P.C, we can help you with your trademarks. Reach out today and schedule a consultation.
